Conflict of interest alleged in murder trial

May 1, 2013

MARTINSBURG - Berkeley County Prosecutor Pamela Games-Neely has filed a motion asking a judge to disqualify the law firm of Kevin D. Mills & Associates from continuing to represent a Bunker Hill woman indicted last year for murder because of an alleged conflict of interest.

Autumn T. Blaine, 38, of Phillips Lane, was indicted by a Berkeley County grand jury in October 2012 on one count of felony murder and distribution of heroin in connection with the death of Paul D. Burcham, 32, of Bunker Hill.

Burcham was found dead March 29, 2012, inside Blaine's residence after Blaine allegedly sold him a fatal dose of heroin.

The allegation stems from the local criminal defense firm's representation of Blaine in an unrelated companion case. Blaine was previously indicted in February 2012 by a Berkeley County grand jury on one count of burglary, conspiracy to commit burglary, petit larceny, conspiracy to commit uttering and one count of uttering in connection with an alleged Oct. 24, 2011, home invasion burglary.

According to a copy of the motion filed Monday by Games-Neely's office, defense lawyer Kevin D. Mills previously represented the brother of the alleged victim in that case, who is a witness for the state, in a criminal matter in the past.

Mills also previously represented the mother and grandmother of the victim in the burglary case in the past and had discussions with the victim in the past about representing him in criminal matters; however, Mills never represented him in court.

All three relatives of the victim in the burglary case object to any involvement or representation by Mills in the case. There are potential trial defenses that may occur that could involve one or more of the victim's relatives appearing for the state.

Games-Neely cited the West Virginia Rule of Professional Conduct as the basis for her motion, The rule states that a lawyer "shall not represent a client if the representation of that client will be directly adverse to another client" and that a lawyer "shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client."

The motion states that the Public Defender Corporation has, by virtue of its representation of the state's witness, obtained information from her that could be used against her on cross-examination. Games-Neely argues that a circuit court judge can disqualify a lawyer from a case if the the lawyer's representation in the case represents a conflict of interest. While not directly related to Blaine's murder case, Games-Neely is also seeking to disqualify Mills and his firm from representing Blaine in that case because of the alleged conflict of interest.

Games-Neely said Tuesday that the motion is still being considered by the court and no ruling has been made yet.

Blaine is currently being held at Eastern Regional Jail while awaiting trial.